The case concerns an application to the Victorian Civil and Administrative Tribunal (“VCAT”) to review a Council's decision to grant a permit for the removal of native vegetation for the purpose of a pedestrian and bicycle path in Arthurs Seat, Victoria.

The result was that VCAT concluded that the native vegetation could be removed with the relevant offsets in place, but subject to a variation of the permit and the imposition of conditions relating to the removal of native vegetation. These additional conditions included requiring the Council to obtain the permission for an environment management plan from the Department of Sustainability and Environment.

The decision considers Clauses 11 and 15.09 in the State Planning Policy Framework under which the Council was required to consider Victoria's Native Vegetation Management Framework, including considering:

• how it can avoid the removal of native vegetation;
• when removal of native vegetation cannot be avoided, how it can minimise the removal of native vegetation through appropriate planning and design; and
• how to appropriately offset the loss of native vegetation if it cannot be avoided.

• The whole decision is available on Austlii

• Department of Sustainability and Environment